N.Eswaraiah, S/O Venkata Subbaiah Late v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.21471 of 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Civil Supplies and, with their consent, the Writ Petition is being disposed of at the admission stage.

The petitioner is the husband of the erstwhile fair price shop dealer who died on 21.12.2014. The authorization of the deceased dealer subsists till 31.03.2016. While so, the petitioner submitted an application on 22.01.2015, under G.O.Ms.No.4 dated 28.02.2014, for appointment of dealership on compassionate grounds in respect of shop in Kummaripalem Village, Chittumur Mandal, Nellore District. In the meanwhile, stock is being released in favour of the petitioner and he is distributing the essential commodities. As the application of the petitioner was not considered and no orders were passed thereon by the second respondent, the present Writ Petition is filed.

Learned Counsel for the petitioner submits that the case of the petitioner was recommended by the fifth respondent on 30.01.2015 and, in spite of the same, the second respondent did not pass any orders. He further submits that, even after expiry of his wife, the petitioner is being supplied stock as the authorisation subsists in her favour till 31.03.2016. He also submits that, he paid amount for supply of stock for the month of June, 2015, and, though stock was released, the petitioner was not allowed to distribute the same to the card holders. In view of the above facts, the Writ Petition is disposed of

at the admission stage directing the fourth respondent to consider the application of the petitioner dated 22.01.2015 for appointment as a fair price shop dealer in the place of the deceased wife, who was a dealer of Kummaripalem Village, Chittumur Mandal, Nellore District, and pass appropriate orders thereon, within a period of thirty days from the date of receipt of a copy of this order.

As a sequel thereto, miscellaneous applications, if any, also stand disposed of. No order as to costs. _______________________________ A. RAMALINGESWARA RAO,J Date:13.07.2015 Note:CC two days.

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